Impact Assessment Act

Marginal note:Factors — justification in public interest

63 The Minister’s determination under paragraph 60(1)(b), and the Governor in Council’s determination under paragraph 62(b), must be based on the report with respect to the impact assessment of the designated project and a consideration of the following factors:

• (a) the impact that the effects that are likely to be caused by the carrying out of that project may have on any Indigenous group and any adverse impact that those effects may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

• (b) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and

• (c) the extent to which the effects that are likely to be caused by the carrying out of that project contribute to sustainability.